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Here’s What We Know About the DOJ’s Lawsuit Against TikTok
By Movieguide® Contributor
The Justice Department is suing TikTok and its parent company ByteDance for allegedly violating the Children’s Online Privacy Protection Act.
Back in March, CNN reported that “the FTC is probing TikTok over an alleged violation of the Children’s Online Privacy Protection rule, which requires companies to notify parents and obtain consent before collecting data from children under 13.”
Movieguide® reported at the time:
The FTC is also looking into whether or not TikTok violated part of the FTC Act that “prohibits ‘unfair or deceptive’ business practices” when the app denied that user data could “be accessed by individuals in China.”
AP News claims the FTC “is nearing the conclusion of its investigation and could settle with TikTok in the coming weeks,” adding that the next step in the process would be for the FTC to refer the case to the Justice Department, which would have 45 days to decide whether or not to pursue it.
“No final decision has been made on whether to bring a case, or what claims to include, the people said,” Politico reported. “It is not clear whether any action against TikTok would also include parent company ByteDance.”
Since March, the probe has moved forward after the DOJ and the FTC filed a civil lawsuit against TikTok and ByteDance last Friday, Aug. 2.
Variety reported, “According to the complaint, from 2019 to the present, TikTok ‘knowingly permitted children to create regular TikTok accounts and to create, view and share short-form videos and messages with adults and others on the regular TikTok platform,’ the DOJ said. The complaint seeks monetary penalties and injunctive relief.”
The civil lawsuit reads:
For years, defendants have knowingly allowed children under 13 to create and use TikTok accounts without their parents’ knowledge or consent, have collected extensive data from those children, and have failed to comply with parents’ requests to delete their children’s accounts and personal information.
Act of 1998 (“COPPA”) and Children’s Online Privacy Protection Rule (“Rule” or Defendants’ conduct violates the Children’s Online Privacy Protection “COPPA Rule”), a federal statute and regulations that protect children’s privacy and safety online. It also defies an order that this Court entered in 2019 to resolve a lawsuit in which the United States alleged that TikTok Inc.’s and TikTok Ltd.’s predecessor companies similarly violated COPPA and the COPPA Rule by allowing children to create and access accounts without their parents’ knowledge or consent, collecting data from those children, and failing to comply with parents’ requests to delete their children’s accounts and information.
Benjamin C. Mizer, Acting Associate Attorney General, said, “The Department is deeply concerned that TikTok has continued to collect and retain children’s personal information despite a court order barring such conduct. With this action, the Department seeks to ensure that TikTok honors its obligation to protect children’s privacy rights and parents’ efforts to protect their children.”
“The Justice Department is committed to upholding parents’ ability to protect their children’s privacy,” added Brian M. Boynton, head of the Justice Department’s Civil Division. “This action is necessary to prevent the defendants, who are repeat offenders and operate on a massive scale, from collecting and using young children’s private information without any parental consent or control.”
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